HB-4042, As Passed Senate, November 10, 2011

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4042

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 1307 (MCL 324.1307), as added by 2004 PA 325.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1307. (1) By the processing deadline, the department

shall approve or deny an application for a permit. If requested by

the permit applicant, the department may extend the processing

period for a permit by not more than 20%.

     (2) Approval of an application for a permit may be granted

with conditions or modifications necessary to achieve compliance

with the part or parts of this act under which the permit is

issued.

(3) (2) A denial of an application for a permit shall, include

an explanation to the extent practical, state with specificity all

of the reasons for the denial, and make including both of the

following:

     (a) A specific reference to provisions of this act or rules

promulgated under this act providing the basis for the denial.

     (b) To the extent applicable, the scientific information

providing the basis for the denial.

(4) (3) Except for permits described in subsection (4), (5),

if the department fails to satisfy the requirements of subsection

(1) with respect to an application for a permit, the department

shall pay the applicant an amount equal to 15% of the greater of

the following, as applicable:

     (a) The amount of the application fee for that permit.

     (b) If an assessment or other fee is charged on an annual or

other periodic basis by the department to a person holding the

permit for which the application was submitted, the amount of the

first periodic charge of that assessment or other fee for that

permit.

(5) (4) If the department fails to satisfy the requirements of

subsection (1) with respect to a permit under required by section

11509, 11512, or 30307, 30304, or 32603, the application shall be

considered to be approved and the department shall be considered to

have made any determination required for approval.

(6) (5) The failure of the department to satisfy the

requirements of subsection (1) or the fact that the department is

required to make a payment under subsection (3) (4) or is

considered to have approved a permit under subsection (4) (5) shall

not be used by the department as the basis for discriminating

against the applicant. If the department is required to make a

payment under subsection (3), (4), the application shall be

processed in sequence with other applications for the same type of

permit, based on the date on which the processing period began,

unless the director determines on an application-by-application

basis that the public interest is best served by processing in a

different order.

     (7) If the department fails to satisfy the requirements of

subsection (1) with respect to 10% or more of the applications for

a particular type of permit received during a quarter of the state

fiscal year, the department shall immediately devote resources from

that program to eliminate any backlog and satisfy the requirements

of subsection (1) with respect to new applications for that type of

permit within the next fiscal quarter.

(8) (6) If the department fails to satisfy the requirements of

subsection (1), the director shall notify the appropriations

committees of the senate and house of representatives of the

failure. The notification shall be in writing and shall include

both of the following:

     (a) An explanation of the reason for the failure.

     (b) A statement of the amount the department was required to

pay the applicant under subsection (3) (4) or a statement that the

department was required to consider the application to be approved

under subsection (4), (5), as applicable.